Off-road woes: Can the Forest Service stem illegal motorized use?

November 15, 2007

A recent Missoula Independent article chronicles a miscarriage of justice which may have wider implications for wildlife, clean water and even public safety on public lands nationwide.

Here are the basics: Hikers encounter three dirt bikers riding illegallly in agency-recommended Wilderness in Idaho's Clearwater National Forest.  Hiker photographs dirt bikers.  Dirt biker assaults hiker.  Forest Service cracks the crime.  Federal prosecutors from the Department of Justice take a pass on the case.  Rural county attorney picks it up and charges suspect with felony criminal assault.  Suspect pleas misdemeanor disturbing the peace. Hiker requests but is denied legal rights to plead for higher charge before judge.  Suspect wins lesser plea, pays $150 in fine and court costs and walks away.

The suspect, Timothy D. Turner of Stevensville, Montana, will have no record for assault or motorized trespass into recommended Wilderness.  His two companions get off scott free as well.  And other off-roaders don't get the right message--rules are rules and will be enforced.  

What went right here?  The hikers did their citizen duty and documented a crime, motorized trespass.  Forest Service law enforcement cracked a really difficult case and teed-up justice. 

What really went wrong here?  The county caved and let a renegade off-road vehicle rider walk. The county denied the hiker his rights. 

Was it really the federal prosecutors from the Department of Justice who dropped the ball?  Why didn't they take the case?  Why did they let one of their own, a federal law enforcement official, hang out to dry after he spent a year cracking this case? 

These questions need to be asked and answered.